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Utah’s “Quiet Title Law” Bypasses MERS, Awards Homes Free and Clear; One Homeowner Had $417,000 Debt Erased

Utah’s “Quiet Title Law” Bypasses MERS, Awards Homes Free and Clear; One Homeowner Had $417,000 Debt Erased


Mike “Mish” Shedlock

Monday, January 17, 2011 1:33 AM

The Salt Lake Tribune has an interesting article on Utah’s “Quiet Title Laws”, MERS, clouded titles, and record keeping. Several people won titles free and clear to their houses or condos when debts as great as $417,000 were dismissed in court. Here are a few snips.

A Utah court case in which the owner of a Draper townhouse got clear title to the property, even though he still owed $132,000 on it, raises new legal and financial questions about a property-records database created by mortgage bankers.

The award of a title free of liens means that whoever owns the promissory note on the Draper property — likely a group of faraway investors — no longer has the right to foreclose to collect on a delinquent loan. Indeed, the townhouse owner has sold the property and kept the money. Those who own the promissory note probably don’t even know what occurred.

Last year, the owner of the Draper property contacted attorney Walter T. Keane to help him deal with lenders, though Keane won’t say what the problem was and the owner declined an interview request.

The lawsuit over the title to the townhouse named Garbett Mortgage and Citibank FSB as the holders of promissory notes as recorded on trust deeds filed with the recorder’s office. Integrated Title Services was listed as trustee of the Garbett Mortgage trust deed, while First American Title was the trustee of the CitiBank trust deed.

But there also was another entity listed on the trust deeds called the Mortgage Electronic Registration Systems (MERS). The Mortgage Bankers Association, the Washington, D.C.-based trade group that represents major mortgage lenders, created MERS in the mid-1990s.

Under the state’s quiet title laws, Keane said he did not have to name MERS or serve it legal papers in the lawsuit because it was not the legal owner of title to the property. Those were title companies. In addition, attorneys contend, MERS cannot be the “beneficiary” or holder of the promissory note because it readily has admitted it has no financial interest in any notes or mortgages.

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THIS LAWSUIT YOU GOTTA READ!!! LONG v. JPM Chase, BOA, LPS, SHAPIRO & SWERTFEGER, LLP et al

THIS LAWSUIT YOU GOTTA READ!!! LONG v. JPM Chase, BOA, LPS, SHAPIRO & SWERTFEGER, LLP et al


Thanks to WamuLoanFraud.com for this tip

IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA

TAMMY JO LONG, CASTLE HOME §
BUILDERS, INC., AND WILLIAM KEITH §
DAVIDSON

v.

JPMORGAN CHASE BANK N.A., BANK
OF AMERICA N.A., BANK OF AMERICA,
NATIONAL ASSOCIATION AS
SUCCESSOR BY MERGER TO LASALLE
BANK NA AS TRUSTEE FOR WAMU
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-AR19
TRUST, LENDER PROCESSING
SERVICES, INC., NEW ORLEANS
EMPLOYEES’ RETIREMENT SYSTEM,
MARTA/ATU LOCAL 732 EMPLOYERS
RETIREMENT PLAN, WASHINGTON
MUTUAL BANK, F.A., FIRST AMERICAN
EAPPRAISEIT, FIRST AMERICAN, INC.,
WAMU ASSET ACCEPTANCE CORP.,
SHAPIRO & SWERTFEGER, LLP, DOE(S)
ROE(S) AND WASHINGTON MUTUAL
INC.

PLAINTIFF’S FIRST VERIFIED COMPLAINT FOR EMERGENCY TEMPORARY AND PERMANENT INJUNCTIVE RELIEF, DECLARATORY RELIEF & JUDGMENT, FRAUD IN THE FACTUM & INDUCEMENT, FRAUD, ASSIGNMENT & TITLE FRAUD/ SLANDER OF TITLE, VIOLATIONS OF THE GEORGIA RESIDENTIAL MORTGAGE ACT & MORTGAGE FRAUD, VIOLATION OF FAIR DEBT COLLECTION ACT, NEGLIGENT SUPERVISION, TORTIOUS INTERFERENCE WITH CONTRACT AND BUSINESS RELATIONSHIPS, VIOLATION OF FIDUCIARY DUTY, VIOLATION OF DUTY OF GOOD FAITH & FAIR DEALING, VIOLATION OF GEORGIA’S RACKETEERING STATUTES (RICO), COUNT XIII RESCISSION, UNJUST ENRICHMENT, CLAIM FOR ATTORNEY FEES & LITIGATION EXPENSES PURSUANT TO O.C.G.A. §§ 13-6-11 & 13-1-11, BREACH OF CONTRACT, VIOLATIONS OF REAL ESTATE SETTLEMENT PROCEDURES ACT, VIOLATIONS OF FEDERAL TRUTH-IN-LENDING ACT, VIOLATION OF FAIR CREDIT REPORTING ACT, FRAUDULENT MISREPRESENTATION, & USURY & FRAUD

[ipaper docId=39953852 access_key=key-1lw7fm32kpcbjjpebb4p height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (2)


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